Telangana High Court
AS/2079/2001 of L.A.OANDSPL.DY.COL YRP KPEDDAPURAM Vs V.NARAYANA MURTHY on 30 December 2010
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND HON’BLE SRI JUSTICE K. G. SHANKAR A.S.No.2079 of 2001 Between: The Land Acquisition Officer-cum-Special Deputy Collector, Y.R.P.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD
THURSDAY, THE THIRTIETH DAY OF DECEMBER TWOTHOUSAND AND TEN
HON’BLE SRI JUSTICE G. BHAVANI PRASAD
AND
HON’BLE SRI JUSTICE K. G. SHANKAR
A.S.No.2079 of 2001
Between:
The Land Acquisition Officer-cum-SpecialDeputy Collector, Y.R.P. Unit-III, Peddapuram.
AND
Ventrapragada Narayana Murthy
.. Appellant
.. Respondent
JUDGMENT: (Per. K.G. Shankar, J)
The Senior Civil Judge, Peddapuram passed orders on 30-12-2000 in O.P.No.56 of 1993 in respect of the reference underSection 18 of the Land Acquisition Act, 1894 in the claim by theclaimant.
The Government acquired vast lands in East GodavariDistrict for laying Yeleru Reservoir Channel, Krishnavaram is onesuch village wherefrom lands were acquired by the Government. The land of the respondent-claimant is part of the lands acquiredunder Award No.3/1992, dated 12-3-1992. The Land AcquisitionOfficer awarded compensation at Rs.28,500/- per acre for wetland. He awarded compensation of Rs.17,000/- per acre for dryland with wet crops and of Rs.10,000/- per acre for dry land. Notsatisfied with the amount of compensation awarded by the LandAcquisition Officer, the respondent and other claimants raised the dispute which culminated as a reference under Section-18 of theLand Acquisition Act. The reference was made under Section 18of the Land Acquisition Act to the Senior Civil Judge,Peddapuram. The learned Senior Civil Judge, Peddapuram,disposed of batch of L.A.O.Ps through a common order dated 30-12-2000. The appeal arises from the order in O.P.No.56 of 1993forming part of batch of O.Ps in respect of which a common orderwas passed by the learned Senior Civil Judge, Peddapuram.
The reference Court determined the market value of theproperties at Rs.50,000/- per acre for wet land and Rs.40,000/- peracre for dry land. The Government, which is not agreeable for theenhancement determined by the reference Court, filed the presentappeal.
Sri S.M.D. Haneef, learned Assistant Government Pleaderfor Appeals and Sri P. Girish Kumar, learned counsel for therespondent advanced their respective submissions.
The learned Senior Civil Judge, Peddapuram, determinedthe market value of the wet land at Rs.50,000/- per acre and dryland at Rs.40,000/- per acre on the strength of the decision inA.S.No.2913 of 1996 and also on the basis of the decision inA.S.No.2052 of 1998, which are the judgments from the differentDivision Benches of this Court in respect of acquisition ofproperties at J. Annavaram, Ramayyapeta, Lakavaram andMarriveedu villages. The lands in the present case are situate inKrishnavaram village which is said to be one of neighbouringvillages of J. Annavaram, Ramanayyapeta, Lakavaram andMarriveedu. The lands in the present case were also acquired forthe same purpose for which the lands in A.S.Nos.2913 of 1996 and2052 of 1998 were acquired. The learned Senior Civil Judge,Peddapuram, therefore, was perfectly justified in determining the market value of the acquired properties adopting the values asdetermined by the Division Benches of this Court in two cases inrespect of acquisitions for the same purpose and also relating toneighbouring villages.
The value as adopted by the reference Court at Rs.40,000/-per acre for dry land and Rs.50,000/- per acre for wet land,therefore, deserves to be confirmed.
However, while granting the market value, additional marketvalue and solatium, in accordance with the then prevailing view ofthe Supreme Court, the learned Senior Civil Judge, Peddapuram,did not grant interest on the additional market value and solatium. In view of the subsequent Judgment of the Supreme Court inSundar v. Union of India[[1]], where the Supreme Court held thatthe claimant under the Land Acquisition Act would be entitled tointerest not only on the market value but also on the additionalmarket value and solatium as well, the claimant herein also wouldbe entitled to interest on the additional market value and solatiumas those are statutory benefits. To the extent that the market valueof the acquired property is determined at Rs.50,000/- per acre forwet land and Rs.40,000/- per acre for dry land by the learnedSenior Civil Judge, Peddapuram, for the reasons set out, the sameis liable to be confirmed.
Consequently, the appeal is dismissed except for themodification that the claimant shall be entitled to interest overadditional market value and solatium also as much as interestover the market value at 9% p.a. from the date of Section 4(1)notification for one year and 15% thereafter till the date ofpayment. No costs.
_____________________
G. BHAVANI PRASAD, J
Date: 30-12-2010
Ksn
[1]2001 (5) ALD 136
________________
K. G. SHANKAR, J